This case is a cassation appeal from a lower court judgment. The judge found the defendant guilty of attempted femicide in violation of Article 45 of the Special Comprehensive Law for a Violence-free Life for Women (Ley Especial Integral para una Vida Libre de Violencia) (“LEIV”) and sentenced him to 10 years in prison. In the underlying case, the defendant rammed the plaintiff, his ex-girlfriend, with his car against the wall twice, causing her grave injuries.
The Trial Court sentenced the accused (AA) to two years in prison for aggravated domestic violence. The court considered the aggravating circumstances to be the accused’s recidivism and the use of his strength to overpower his female victim. AA had a history of domestic violence against his wife (BB). Even though he had repeatedly assaulted BB and stabbed her once, BB refused to file a complaint against him. A family court judge imposed a restraining order against AA pursuant to which he could not get closer than 300 meters to BB and her children.
The Trial Court of Tacuarembó sentenced AA to 12 months in prison for domestic violence, deemed as aggravated because the victim was a woman. AA and the victim had been living together in a common law marriage since 2000. In 2002 the victim reported on several occasions multiple instances of physical abuse and of psychological violence. In September 2003, the victim filed a complaint against AA for injuries inflicted to her neck and arm, which were verified by a public health doctor. The couple reconciled, but thereafter got separated again.
